Formal Reationality-A Critical Evpostion of Max Weber's Sociolog of law

Philosophy and Culture 27 (10):905-930 (2000)
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Abstract

This paper describes the day to Weber's sociology of law. First introduced his Life and Work, followed by mention of his "awareness" of social science methodology, the solution to serve the starting point of his sociology of law: the law as having the opportunity to achieve, but also has the effect of the mandatory order. Weber's law to take four different categories: in the form of non-rational law; real irrational laws; real and rational laws; forms and rational laws. He played that show the history of European law, is from development to process. The development of civilization to modern times in Europe in the form of a rational series of rich, resulting in the advantage of the law, but also the rule of law. Workers in the European practice of law make the law a mechanism independent of social norms, legal concepts into a significant social value. In addition, the article also discusses the legal system and rule of Weber's form of relationship analysis, that the law of self-development is conducive to economic freedom, and thus the legal system, linked with the rise of capitalism. But Weber's sociology of law but because of the civil law and common law dealing with the differences in distress. Finally, the paper pointed out the flaws in Weber's sociology of law. Despite this flaw in its legal conclusion that the authors of the concept of community schools described the rise of capitalism and the growth of a thought-provoking place

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